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Car Accident Injury Claims Brought by Vehicle Passengers

September 14, 2016

Auto Collision Lawyers Analyze Car Accident Injury Claims Brought by Vehicle Passengers

If you are injured while you are a passenger in a motor vehicle, you generally face fewer obstacles when seeking financial compensation for your injuries. While a driver who is injured in a collision must prove the fault of the other driver or a third-party, passengers can expect that one of the drivers will be liable in most situations. The fundamental aspects of a negligence claim that a passenger must establish usually include liability (fault), causation, and damages.

Parties Potentially Liable for Passenger Injuries in Crashes

The basis of liability will depend on the type of accident. In a two-vehicle collision, one or both of the drivers usually will be at-fault for causing the auto collision. Although the passenger has no role in driving either vehicle, the issue of which driver is at-fault will still be important because of potential disparities in insurance coverage. In some cases, both drivers might share fault, so the injured passenger can pursue claims against the auto insurance carriers for both motorists.

When the crash is a one-vehicle collision, such as a motorist colliding with a tree, the driver of the vehicle usually will be at-fault. When a driver slams into a fixed object, he or she typically did something or failed to do something that caused the collision. However, passengers should understand there can be exceptions. If a driver swerves into a fixed object to avoid hitting a child who suddenly darts into the street at the last instant, this might be a situation where the driver has a valid defense to liability.

Third-Party Liability in Passenger Traffic Accident Claims

When passengers are injured in a motor vehicle collision, third-party liability also should be considered. Potentially responsible third-parties may include any of the following, among others:

• Negligent drivers
• Owners of vehicles who entrust their vehicle to unsafe drivers or employees
• Public entities that design, construct, or maintain unsafe roads
• Mechanics and repair shops that perform shoddy maintenance and repairs
• Manufacturers of defective vehicles or parts

When a passenger is injured in a Georgia car accident, the best practice is to obtain insurance and driver's license information for both drivers. Sometimes passengers only obtain information from the driver of the other vehicle based on the belief that he or she is at-fault. However, this preliminary determination of fault can be incorrect, so obtaining information from both drivers is advisable.

If you are a relative of the driver of the vehicle in which you are a passenger and live in the same home, generally you will not be able to pursue a liability claim against the driver. In this situation, you usually will be considered an "insured person" under the liability policy of the driver. Frequently, there will be other options in terms of available coverage, so you should contact our experienced Georgia auto accident lawyers for a free consultation as to your rights and options.

Put Our Law Firm's Over 38 Years of Legal Experience to Work For Your Case!

Our law firm has been representing those who suffer serious injuries throughout Georgia and in the Southeast for over 38 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located, the attorneys of Montlick and Associates, Attorneys at Law, are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free:   1 (800) LAW-NEED
Hours: Open Today · Open 24 hours


Office Location: 33.82937 -84.33779 

Related Pages: Columbus Car Accident LawyersAugusta GA Car accident lawyersCar Accident Lawyers in GeorgiaCar Accident Lawyers in AtlantaCar Accident Lawyers in AthensAlbany Car Accident Lawyers.


Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.